Abstract
The decision of the International Court of Justice in 'Whaling in the Antarctic (Australia v Japan, New Zealand Intervening)' is expected to engender much scholarly and analytical interest in scientific permit whaling under the 'International Convention for the Regulation of Whaling'. However, it is its Order of 6 February 2013 accepting New Zealand's Declaration of Intervention which raises systemic issues of interest concerning the conduct of judicial proceedings and the role and status of third parties before the International Court of Justice. The basic assumption underlying the Statute and the Rules of the Court is that there are two parties in contentious cases which agree to resolve their dispute through bilateral adjudication. By accepting New Zealand's intervention under Article 63 of its Statute, the International Court of Justice has raised the possibility that there will be a resurgence of the intervention procedure in international litigation in the interests of the wider international community.
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